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DO NOT RECORD <br />AGREEMENT <br />1. Use of Facilities. City hereby licenses the Facilities to Match Point on all <br />of the terms and conditions set forth in this Operating Agreement. <br />2. Term of License. The Term of this License (the "term") shall be Five (5) <br />years. The Term shall commence on the Commencement Date (as hereinafter defined), <br />and shall expire on the fifth (5"') anniversary thereof, if not terminated earlier pursuant to <br />the terms of this License. This License and Operating Agreement is subject to four (4) <br />five-yeaz renewals upon City Council approval. Notice of Option to Renew this License <br />shall be provided no later than six (6) months before the expiration of the current License <br />term. Earlier termination of this Agreement shall be in conformance with Section 17 and <br />18, below. <br />3. Consideration. <br />A. As consideration for this Agreement, Match Point shall pay to City as <br />compensation for use of and right to operate the Facilities the amount <br />of $4000.00 per month. <br />B. Additional consideration for this agreement shall be provided by <br />Match Point's sponsorship of students and installation of <br />improvements to the tennis facility as described herein. <br />C. Compensation will be due upon execution of this Agreement and <br />thereafter on or before the 10`h day of each succeeding month, payable <br />to "The City of Santa Ana" and remitted to: The City of Santa Ana, <br />Finance and Management Services, Attention: Francisco Gutierrez, 20 <br />Civic Center Plaza, City Hall, First Floor, Santa Ana, CA 92702. A <br />late charge of ten percent (10%) shall be applied after any payment <br />hereunder is due but unpaid. In addition, one and a half percent (1 <br />''/Z%) interest per month shall be added for each month that payment <br />hereunder is due but unpaid. <br />4. Commencement Date. This Agreement shall commence and become <br />effective upon the last party to sign this Agreement. This Operating Agreement shall <br />supersede the current Site License Agreement #N--20007-120 entered into between the <br />parties. <br />5. Match Point Responsibilities <br />A. Match Point agrees that City Programs and City Residents shall have <br />priority use of the Property so long as said programs and residents do <br />not conflict with Licensee's regularly scheduled Programs. Match <br />Point agrees that at least 30% of the courts will be made available to <br />City residents by reservation or walk-in and for City-sponsored <br />2 <br />